§ 19-6-1004. Mercury switch collection plan -- Reimbursement for mercury switch removal.

(1)

(a) Each manufacturer of any vehicle sold within this state, individually or in cooperation with other manufacturers, shall submit a plan, accompanied by a fee, to the director.

(b) If the director disapproves a plan, the manufacturer shall submit an amended plan within 90 days.

(c) A manufacturer shall submit an updated plan within 90 days of any change in the information required by Subsection (2).

(d) The director may require the manufacturer to modify the plan at any time upon finding that an approved plan as implemented has failed to meet the requirements of this part.

(e) If the manufacturer does not know or is uncertain about whether or not a switch contains mercury, the plan shall presume that the switch contains mercury.

(2) The plan shall include:

(a) the make, model, and year of any vehicle, including current and anticipated future production models, sold by the manufacturer that may contain one or more mercury switches;

(b) the description and location of each mercury switch for each make, model, and year of vehicle;

(c) education materials that include:

(i) safe and environmentally sound methods for mercury switch removal; and

(ii) information about hazards related to mercury and the proper handling of mercury;

(d) a method for storage and disposal of the mercury switches, including packaging and shipping of mercury switches to an authorized recycling, storage, or disposal facility;

(e) a procedure for the transfer of information among persons involved with the plan to comply with reporting requirements; and

(f) a method to implement and finance the plan, which shall include the prompt reimbursement by the manufacturer of costs incurred by a person removing and collecting mercury switches.

(3) In order to ensure that the costs of removal and collection of mercury switches are not borne by any other person, the manufacturers of vehicles sold in the state shall pay:

(a) a minimum of $5 for each mercury switch removed by a person as partial compensation for the labor and other costs incurred in removing the mercury switch;

(b) the cost of packaging necessary to store or transport mercury switches to recycling, storage, or disposal facilities;

(c) the cost of shipping mercury switches to recycling, storage, or disposal facilities;

(d) the cost of recycling, storage, or disposal of mercury switches;

(e) the cost of the preparation and distribution of educational materials; and

(f) the cost of maintaining all appropriate record-keeping systems.

(4) Manufacturers of vehicles sold within this state shall reimburse a person for each mercury switch removed and collected without regard to the date on which the mercury switch is removed and collected.

(5) The manufacturer shall ensure that plan implementation occurs by July 1, 2007.

Amended by Chapter 360, 2012 General Session